Q: A person got a restraining order against me (unbeknownst to me) in another state, drove across state lines.
After arriving at my home and staying for 7 days, she baited me into an argument and called the police to report that I had physically assaulted her- which didn’t happen. Even though I was never served nor aware of the restraining order, I was still arrested and charged with misdemeanor assault— though any charges related to violating the restraining order did not stick because I was never served nor made aware of the restraining order. What are my options as far as going after the person who set me up and manipulated me he system against me?
A: You may be able to sue the woman who baited you into the argument and falsely claimed you physically assaulted her for malicious prosecution. If you prevail, you may be able to recover any compensable damages you sustained (e.g. lost wages while you were in jail, the cost of any bond, attorney fees associated with getting the criminal charges dismissed, etc.).
A: You need to retain an attorney in state where the Restraining Order was issued. Do not ignore.
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